DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Legrand Australia Pty Ltd
(AG2016/2694)

LEGRAND AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 MAY 2016

Application for approval of the Legrand Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Legrand Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Legrand Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2016. The nominal expiry date of the Agreement is 28 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Legrand Australia Pty Ltd recently sought approval of its 2016 enterprise agreement, which was the subject of a dispute between the company and its employees. The case was brought before the Fair Work Commission of Australia, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement had been genuinely negotiated between the parties. The Commission examined the process by which the agreement had been negotiated, the terms and conditions contained within it, and the extent to which the agreement provided for the fair and reasonable treatment of employees. The Commission found that the agreement was genuine, had been negotiated in good faith, and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, which will now apply to the employees of Legrand Australia Pty Ltd. The decision is an important reminder for employers and employees alike of the importance of negotiating enterprise agreements that meet the legal requirements for approval. It also highlights the role of the Fair Work Commission in ensuring that agreements are genuinely negotiated and provide for fair and reasonable terms and conditions of employment.

Legrand Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established